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Qa BELLSOUTH Patrick W. Turner Bellsouth Telecommunications, Inc. General Counsel-South Carolina Legal Department 1800 Williams Street 2900 Suite 5200 803 401 Fax 803 254 1731 Columbia, SC 29201 May 22, 2007 patrick. turnerbellsouth. corn The Honorable Charles Terreni Chief Clerk of the Commission Public Service Commission of South Carolina Post Office Drawer 11649 Columbia, South Carolina 29211 In Re: Interconnection Agreement between BellSouth Telecommunications, Incorporated d/b/a AT&T South Carolina and Time Warner Telecom of South Carolina, LLC Pursuant to Sections 251 and 252 of the Telecommunications Act of 1996 Docket No. : 1997-383-C Dear Mr. Terenni: BellSouth Telecommunications, Inc. d/b/a AT&T South Carolina ("AT&T") respectfully submits the attached agreement for filing with the Public Service Commission of South Carolina ("Commission" ) in the above-referenced docket(s). By copy of this letter, I am serving the Office of Regulatory Staff and the parties to the above-referenced docket(s) with a copy of the attached agreement. By way of background, Section 251(b)(4) of the federal Telecommunications Act of 1996 ("the federal Act") requires all local exchange carriers to "afford access to the poles, ducts, conduits, and rights of way of each such carrier to competing providers of telecommunications " services on rates, terms, and conditions that are consistent with section 244 [of the federal Act]. As an incumbent local exchange carrier, AT&T has an additional obligation under Section 252(a)(1) of the federal Act to negotiate, upon request, agreements addressing these "rights-of- way" obligations and to submit those agreements to the State commissions pursuant to Section 252(e). Often, these "rights-of-way" obligations are addressed in the larger interconnection agreements that AT&T files with the Commission. In some instances, however, these obligations are addressed in agreements that were negotiated separately from the larger interconnection agreements. AT&T recently discovered that a number of these separately- negotiated "rights-of-way agreements" that were intended to be filed with the Commission have not yet been filed. The attached is one such agreement, and AT&T respectfully submits it to the Commission for filing. THIS DOCUMENT IS AN EXACT DUPLICATE OF THE E-FILED COPY SUBMITTED TO THE COMMISSION IN ACCORDANCE WITH ITS ELECTRONIC FILING INSTRUCTIONS. The Honorable Charles Terreni May 22, 2007 Page Two We apologize for any inconvenience this may have caused. ATILT assures the Commission that it takes this matter seriously and that its filing process has been revised to accommodate the prompt filing of such agreements in the future. Sincerely, Patrick W. Turner PWT/sgm Enclosure cc: All Parties of Record 678178 STATE OF SOUTH CAROLINA CERTIFICATE OF SERVICE COUNTY OF RICHLAND The undersigned, Nyla M. Laney, hereby certifies that she is employed by the Legal Department for AT&T South Carolina ("AT&T") and that she has caused the attached agreement in Docket No. 1997-383-C to be served upon the following on May 22, 2007. Florence P. Belser, Esquire General Counsel Post Office Box 11263 Columbia, South Carolina 29211 (Office of Regulatory Staff) (U. S. Mail and Electronic Mail) Jocelyn G. Boyd, Esquire Staff Attorney S. C. Public Service Commission Post Office Box 11649 Columbia, South Carolina 29211 (PSC Staff) (U. S. Mail and Electronic Mail) F. David Butler, Esquire Senior Counsel S. C. Public Service Commission Post Office Box 11649 Columbia, South Carolina 29211 (PSC Staff) (U. S. Mail and Electronic Mail) Joseph Melchers Chief Counsel S.C. Public Service Commission Post Office Box 11649 Columbia, South Carolina 29211 (PSC Staff) (U.S. Mail and Electronic Mail) Frank R. Ellerbe, III, Esquire Robinson, McFadden 4 Moore, P.C. Post Office Box 944 Columbia, South Carolina 29202 (U.S. Mail Only) Nyla M. Lane LICENSE AGREEMENT for RIGHTS OF WAY (ROW), CONDUITS, AND POLE ATTACHMENTS Dated: February 28, 2005 Between BELLSOUTH TELECOMMUNICATIONS, INC. (Licensor) And TIME WARNER TELECOM OF SOUTH CAROLINA LLC By: Time Warner Telecom Holdings Inc., its sole member (Licensee) Licensee desires to conduct business in the following area(s): AL KY LA MS TN FL GA NC x SC or BellSouth Region BELLSOUTH Agreement Number- SCIC051001 CONTENTS SECTION PAGE 1 Definitions 1 2 Scope of Agreement 4 3 Requirements and Specifications 8 4 Additional Legal Requirements 14 5 Facilities and Licenses 14 Make-Ready Work 16 Application Forms and Fees 17 Processing of Applications 18 Issuance of Licenses 19 10 Construction of Licensee's Facilities 21 Use and Routine Maintenance of Licensee's Facilities 22 12 Modification and Replacement of Licensee's Facilities 23 13 Rearrangement of Facilities at Request of Another 24 14 Emergency Repairs and Pole Replacements 25 15 Inspection by BellSouth of Licensee's Facilities 25 16 Notice of Noncompliance 25 17 Unauthorized Occupancy or Utilization of BellSouth's Facilities 27 18 Removal of Licensee's Facilities 27 19 Fees, Charges, and Billing 28 20 Advance Payment and Imputation 29 21 Assurance of Payment 29 22 Insurance 29 23 Indemnification 31 24 Authorization Not Exclusive 32 25 Assignment of Rights 33 26 Failure to Enforce 33 27 Term of Agreement 33 28 BellSouth's Information 33 29 Licensee Information 34 30 Supersedure of Agreement(s) 35 31 Compliance With Law 35 APPENDICES I Schedule of Fees, Charges, and Attachment Transfer Rate Schedule II Records Maintenance Centers III Request to Self-Insure EXHIBITS Administrative Forms and Notices RIGHTS OF WAY (ROW), CONDUITS AND POLE ATTACHMENTS This Agreement, together with the terms and conditions of general applicability contained throughout this Agreement, sets forth the terms and conditions under which BellSouth shall afford to Time Warner Telecom of Florida, L.P. access to BellSouth's Poles, Ducts, Conduits and Rights of Way, pursuant to the Act. To the extent applicable, this Agreement also sets forth the terms and conditions applicable to request to attach to Joint Use Poles and the relevant defined terms shall be construed to include such Joint Use Poles. DEFINITIONS Definitions in General. Except as the context otherwise requires, the terms defined in this Section shall, as used herein, have the meanings set forth in this Section 1. Anchor. The term Anchor refers to a device, structure, or assembly which stabilizes a Pole and holds it in place. An Anchor assembly may consist of a rod and fixed object or plate, typically embedded in the ground, which is attached to a guy strand or guy wire, which, in turn, is attached to the Pole. The term Anchor does not include the guy strand which connects the Anchor to the Pole and includes only those Anchors which are owned by BellSouth, as distinguished from Anchors which are owned and controlled by other persons or entities. 1.2 Anchor/Gu Strand. The term Anchor/Guy Strand refers to supporting wires, typically stranded together, or other devices attached to a Pole and connecting that Pole to an Anchor or to another Pole for the purpose of increasing Pole stability. The term Anchor/Guy Strand includes, but is not limited to, strands sometimes referred to as Anchor strands, down guys, guy strands, and Pole-to-pole guys. 1.3 ~Ahcation. The process of requesting information related to records, Pole and/or Conduit availability, or make-ready requirements for BellSouth owned or controlled Facilities. Each Application is limited in size to a maximum of (1) 100 consecutive Poles or (2) 10 consecutive Manhole sections or 5000 feet, whichever is greater. The Application includes (but is not limited to) request for records, records investigation and/or a field investigation, and Make-Ready Work. 1.4 Communications Act of 1934. The terms Communications Act of 1934 and Communications Act refer to the Communications Act of June 19, 1934, 48 Stat. 1064, as amended, including the provisions codified as 47 U.S.C. Sections 151 et seq. The Communications Act includes the Pole Attachment Act of 1978, as defined in 1.23 following. 1.5 A~ssi ed. The term Assigned, when used with respect to Conduit or Duct space or Poles, refers to any space in such Conduit or Duct or on such Pole that is occupied by a telecommunications service provider or a municipal or other governmental authority. To ensure the judicious use of Poles and Conduits, space Assigned to a telecommunications service provider must be physically occupied by the service provider, be it BellSouth or a new entrant, within twelve (12) months of the space being Assigned. 1.6 Available. The term Available, when used with respect to Conduit or Duct space or Poles, refers to any usable space in such Conduit or Duct or on such Pole not assigned to a specific provider at the applicable time. 1.7 Conduit. The term Conduit means a structure containing one or more Ducts, usually placed in the ground, in which cables or wires may be installed. Conduit Occu anc . The terms Conduit Occupancy and Occupancy refer to the presence of wire, cable, optical conductors, or other Facilities within any portion of BellSouth's Conduit System. Manholes, and Handholes joined to form an integrated whole. In this Agreement, the term refers to Conduit Systems owned or controlled by BellSouth. Cost. The term Cost as used herein refers to charges made by BellSouth to Licensee for specific work performed, and shall be (a) the actual charges made by subcontractors to BellSouth for work and/or, (b) if the work was performed by BellSouth employees, it shall be calculated on an individual case basis, based on the estimated amount of work to be performed. Duct. The term Duct refers to a single enclosed tube, pipe, or channel for enclosing and carrying cables, wires, and other Facilities.